HomeMy WebLinkAboutPlanning January 28 20141
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WHATCOM COUNTY COUNCIL
Planning and Development Committee
January 28, 2014
CALL TO ORDER
Committee Member Ken Mann called the meeting to order at 3:05 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(3:05:03 PM)
Present: Ken Mann, Barbara Brenner and Rud Browne.
Absent: None.
Also Present: Pete Kremen, Barry Buchanan and Carl Weimer.
SPECIAL ORDER OF BUSINESS
1. NOMINATION AND APPOINTMENT OF COMMITTEE CHAIR (AB2014 -021)
Browne moved to appoint Mann.
The motion carried by the following vote:
Ayes: Brenner, Mann and Browne (3)
Nays: None (0)
COMMITTEE DISCUSSION
1. BRIEFING ON THE 2016 COMPREHENSIVE PLAN UPDATE, POPULATION AND
EMPLOYMENT PROJECTIONS (AB2014 -056)
Mark Personius, Planning and Development Services Department, submitted and
read from a presentation (on file) on the growth allocation process and answered questions.
The environmental impact statement (EIS) process on the urban growth area (UGA) review
will take about a year and a half.
Mann asked and there was discussion of when the County Council could consider
adjusting Comprehensive Plan policies. Personius stated it can occur during the docketing
process or at any time when giving specific direction to the department. This update is a
review and evaluation. They will review against all statutory requirements and updates, and
then may add other things they want to address in the process. Preliminary drafts will come
out this summer and be plugged into the EIS. Changes can be made at the end of the
process, also. They will be able to see the impacts of different growth alternatives.
Weimer asked and there was discussion about informing the small cities as soon as
possible of policies the Council may be interested in. Personius stated they would discuss
those things at the docketing meeting.
Planning and Development Committee, 1/28/2014, Page 1
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Brenner asked and there was discussion of whether the Planning Department has
hired anyone to fill the empty staff position that will work on purchases of development
rights (PDRs) and transfers of development rights (TDRs).
Matt Aamot, Planning and Development Services Department, continued the
presentation on countywide growth background information and answered questions.
Gary Davis, Planning and Development Services Department, continued the
presentation on the Planning Commission recommendations and answered questions.
Browne asked and there was discussion of whether there is an estimate of growth
geographically within the city of Bellingham and the Sudden Valley urban growth area
(UGA).
Brenner asked and there was discussion of the Planning Commission reason for
reducing the Birch Bay assumption from the Berk medium assumption. Aamot stated Birch
Bay does not follow the trend from 2000 to 2010. It is consistent with the longer trend
beginning in 1990 to 2013. On a per year basis, it's almost the same. For Birch Bay, they
looked at land capacity or the UGA and reserve. The recommendation focuses on infilling in
the existing UGA without expanding into rural areas. If necessary, they can reconsider
during the next round in eight years.
Davis continued the presentation on the population growth shares.
(3 :33:57 PM)
Mann asked and there was discussion of not accepting the projections of the cities
and the difference between the Berk projections and the Office of Financial Management
(OFM) projections. It seems there wasn't an option to refine the estimates from the cities.
Brenner asked and there was discussion of slower population growth and higher
employment projections in Birch Bay. Aamot stated it's partly due to maintaining
commercial zoning that is out there. It's a policy recommendation to preserve the land
supply and opportunities for business and employment.
Kremen stated and there was discussion about the percentage discrepancy between
the City of Blaine versus Birch Bay, which are neighboring communities, and about the
projections for Blaine.
Browne asked and there was discussion about tracking what's happening in all the
communities around the Lake Whatcom watershed and whether there is a process by which
the County may survey people who have immigrated into Whatcom County about their
reasons for moving to Whatcom County. He would like some kind of voluntary program or
process where the County tries to track that information to develop trend data.
Jack Louws, County Executive, answered questions.
Mann asked and there was discussion of UGA projections and Council direction on
choosing projections. He's concerned about deviating from the medium and the policy they
already decided upon.
Brenner stated the difference is negligible.
Planning and Development Committee, 1/28/2014, Page 2
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Personius stated staff will bring City planners to this committee on February 25 to
give presentations.
Browne asked and there was discussion about understanding the reasons behind
immigration and net population.
2. ORDINANCE ADOPTING THE CURRENT STATE BUILDING CODE AND
REPEALING EXISTING TITLE 15 OF THE WHATCOM COUNTY CODE (AB2013-
271) (3:57:02 PM)
Wain Harrison, Planning and Development Services Department, submitted handouts
(on file) and read from the staff report beginning on Council page 279. He submitted a
letter from the Whatcom County Fire Chiefs dated January 24, 2014 (on file).
Harrison reviewed a letter from the fire chiefs.
Gary Honcoop stated this is related to agricultural processing. The example used is a
typical residential structure, and should be treated differently. Type 5B is wood
construction, but it is not common with agricultural processing construction. Recognize
what is available for water flow in Whatcom County and balance that against the needs of
the agricultural industry to get their products to market. Available fire flow is limited. It's
difficult to convince someone to install sprinklers, because they require additional fire flow
and a higher pounds per square inch (psi). Create an incentive. It is difficult to meet fire
flow requirements in agricultural areas. They could reduce the hose stream and make sure
the type of construction is primarily steel.
Harrison stated that if the building has a sprinkler, this proposed ordinance allows
credits to reduce fire flow up to an additional 75 percent. If the building includes a
monitored fire alarm, the fire flow requirement is reduced by 100 percent. All that is there
is the sprinkler system, the monitored fire alarm, and the additional hose stream allowance.
There is no double requirement for fire flow plus additional hose stream for a sprinkler
system. The fire marshal's office is willing to accept adjustments, and has worked out fire
flow negotiations with the community for decades. This ordinance allows the office
flexibility to be fair and balanced. They are trying to balance life safety for emergency
responders and building occupants with the economic needs of the county.
Kremen asked if this is going to be a retrofitting or for new facilities. Harrison stated
that if someone wants to expand an existing facility, staff is open to discuss and negotiate a
fair and balanced system.
Mann stated he has a problem with putting fire fighter responders at risk. If a
business owner in that business wants to risk that their building will burn down, that's a risk
they should be allowed to take. If the firefighters show up and see that the water supply
isn't big enough to put out the fire, they can decline it. He needs to know more about what
employees may be in the building.
Browne stated there could be employees in those buildings who don't have a choice
about the fire safety of their job. Fire fighters can't decide to not go into a building if there
is tenable life inside.
Mann stated firefighter safety is paramount. They don't go in if they think they're
going to die in the process of rescuing someone who may or may not be there.
Planning and Development Committee, 1/28/2014, Page 3
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Harrison stated many factors affect an agricultural processing building. It is a
seasonal function and processes a lot of product. There could be 20 to 50 or more
employees during the months that product is being processed. There could be hazardous
materials and processes.
Brenner stated those buildings use extra fire protection. When two buildings are
connected, they can build something between the buildings to provide extra protection.
Harrison stated there are provisions in the code for that. Those are additional options to
reduce the need for fire flow.
Browne asked if this affects existing structures. Harrison stated it would affect new
and expanding structures.
Browne asked how this proposal compares with current regulations. Harrison stated
it is very similar. They're trying to codify what is in practice.
Buchanan asked if there are follow up inspections after the initial certificate of
occupancy, and if those inspections would affect people who don't comply with the new
regulations. Harrison stated they do follow up inspections, but they would be
grandfathered. They don't change rules during the inspection process.
Brenner asked why they don't leave it alone if the rules are substantially similar to
what they've negotiated in the past. Harrison stated he would prefer that.
Mann stated what they do now is not in the code.
Gary Russell, Fire District 7 Chief, stated the concern is what the building is used for
more than what the building is constructed of. Multiple teams respond to a fire. The code
would allow a diminished amount of flow for sprinklers. There has to be pressure for the
system.
Brenner asked and there was discussion of whether berry processing is flammable
and if they can separate out areas.
Honcoop stated that if there is a credit to reduce requirements to zero, the owner
still has to meet minimum 500 gallons. Sprinklers are much more effective, but the building
still has to meet the minimum.
Mann asked how they can build any buildings with these restrictions. Honcoop
stated it has been negotiated on an individual basis.
Browne asked and there was discussion of how things would be different on Mr.
Honcoop's current projects.
Mann asked the timeline. Harrison stated they have adopted the main body of the
code that went into effect July 1, 2013. It's adopted through the State. Now they're
discussion is amendments allowed to the local jurisdiction. There is language in the building
code that allows the administrator to make judgments and render interpretations of the
code.
Brenner stated she wants more time to get questions answered.
Planning and Development Committee, 1/28/2014, Page 4
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Harrison stated the letter speaks to the restrictions and limitations regarding
trucking all of the water to the site of a fire. That argument works for the proposed table on
fire flow and also for hose stream allowances and additional systems.
Mann stated he's interested in the philosophical question of whether it's up to the
building owner to not install proper fire protection.
Russell stated this affects the insurance rates in that jurisdiction. When required fire
flow is not stated, the insurance rates effect everyone in the community.
Brenner stated this is about people who live in rural areas.
Ron Anderson, North Whatcom Fire and Rescue, stated people just can't decide to
take responsibility for any fire that might happen. If that were allowed, many people
wouldn't comply. Most people think they will never have a fire. The minute something bad
happens and life was lost, the County and fire department would be named in a lawsuit.
Mann stated they will hold this in committee.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 5:07 p.m.
ATTEST:
, Council Clerk
-, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ken Mann, Committee Chair
Planning and Development Committee, 1/28/2014, Page 5